Legal experts cite conflicts of district council rules
SHILLONG: The State government has sent the name of East Khasi Hills Deputy Commissioner PS Dkhar to the Governor to take over as the pro-tem chairman of KHADC after the chairman and the deputy chairman of the Council resigned recently, sources said on Thursday.
The resignation of chairman Mansturdy Nongrem and deputy chairman Donevan Wanlang (both from Congress) was following the party’s stand to sever ties with the PDF coalition led by suspended Congress leader PN Syiem.
However, legal experts have pointed out that the government’s move comes into conflict with the district council rules as any member of KHADC can be appointed by the Governor in the absence of chairman and deputy chairman to conduct the House as per the rule 12(1).
Earlier, District Council Affairs minister Prestone Tynsong, without naming anyone said the State government had on Wednesday sent the name of pro tem chairman for the approval of the Governor.
Legal experts pointed out that the secretary of KHADC had quoted the council rule 12 (1) while forwarding the resignation letters of chairman and deputy chairman to the commissioner and secretary, district council affairs department.
The letter mentions about appointing a pro tem chairman in terms of rule 12(1) and for fixing a date for the election of the chairman under rule 32 of the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules 1951 as amended.
The council rule 12(1) states that in the absence of chairman and deputy chairman, any member of the Council as approved by the Governor will carry out the their duties.
The legal experts quoting rule 32 said that the role of the deputy commissioner comes only after the fresh election to the councils is held and not following the sudden resignation of chairman and deputy chairman.